Branch Bank of Alabama v. Kraft
Supreme Court of Louisiana
APPEAL FROM THE COMMERCIAL COURT OF NEW ORLEANS. This is an action, against J. H. Kraft, to recover the sum of $21,371, which the plaintiffs allege is justly due them ; and that said Kraft resides permanently out of this state, hut has certain property, effects, rights and credits in the hands of James R. Sterrett, Esqr., which they pray may he attached, and that Sterrett he cited as garnishee to answer interrogatories.
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APPEAL FROM THE COMMERCIAL COURT OF NEW ORLEANS. This is an action, against J. H. Kraft, to recover the sum of $21,371, which the plaintiffs allege is justly due them ; and that said Kraft resides permanently out of this state, hut has certain property, effects, rights and credits in the hands of James R. Sterrett, Esqr., which they pray may he attached, and that Sterrett he cited as garnishee to answer interrogatories. The garnishee negatived the interrogatory that he had any money under his control or in his possession belonging to the defendant hut showed he had a large amount of notes or…
1Opinion of the CourtBullard, J.
This is an action against Kraft as drawer of a hill of exchange, which was duly protested for non-payment. The defendant being an absentee, process of attachment was sued out, and James R. Sterrett, an attorney at law, was made garnishee.
In answer to interrogatories, Sterrett says, “I have no money in my possession, or under my control, belonging to the defendant.” He then goes on to state that he has sundry notes owing by different persons, but principally by H. C. Cammack & Co., which he enumerates and describes. To an interrogatory whether those effects in his hands were not placed there…
2Cited by3 opinions
- Thomas v. YoungLouisiana Court of Appeal · 1954
- Robertson v. ScalesSupreme Court of Louisiana · 1860
- American National Bank v. OwensLouisiana Court of Appeal · 1928